BILL NUMBER: AB 1884 CHAPTERED
BILL TEXT
CHAPTER 981
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1998
APPROVED BY GOVERNOR SEPTEMBER 29, 1998
PASSED THE ASSEMBLY AUGUST 25, 1998
PASSED THE SENATE AUGUST 20, 1998
AMENDED IN SENATE AUGUST 17, 1998
AMENDED IN ASSEMBLY APRIL 14, 1998
AMENDED IN ASSEMBLY MARCH 25, 1998
INTRODUCED BY Assembly Member Cedillo
FEBRUARY 13, 1998
An act to add Section 3032 to the Family Code, relating to
interpreters.
LEGISLATIVE COUNSEL'S DIGEST
AB 1884, Cedillo. Proceedings involving minors: interpreters.
Existing law provides for custody proceedings and other
proceedings in which the best interest of a minor child are at issue.
This bill would direct the Judicial Council to create a one-year
pilot project in at least 2 counties, one of which shall be Los
Angeles County, to provide that in any child custody proceeding,
including mediation and other proceedings, the court shall appoint an
interpreter to interpret the proceedings at court expense if one or
both of the parties is unable to participate fully in the proceeding
due to a lack of proficiency in the English language, and the court
determines that the parties are financially unable to pay the cost of
an interpreter. The bill would require the Judicial Council to
submit its findings and recommendations regarding the pilot project
by January 31, 2001. The bill would also declare the intent of the
Legislature in this regard.
Funding for the implementation of these provisions would be
pursuant to the appropriation of funds in the Budget Act.
The bill would impose a state-mandated local program by imposing a
new program on courts.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to ensure that any
person who lacks proficiency in English and who is a party in a child
custody case have a qualified interpreter present during child
custody proceedings and mediation.
It is not the intent of the Legislature by enacting this act to
prohibit a person who lacks proficiency in English from having a
family member or friend present during any proceeding where a
qualified interpreter is translating the proceedings.
SEC. 2. Section 3032 is added to the Family Code, to read:
3032. (a) The Judicial Council shall establish a state-funded
one-year pilot project beginning July 1, 1999, in at least two
counties, including Los Angeles County, pursuant to which, in any
child custody proceeding, including mediation proceedings pursuant to
Section 3170, any action or proceeding under Division 10 (commencing
with Section 6200), any action or proceeding under the Uniform
Parentage Act (Part 3 (commencing with Section 7600) of Division 12),
and any proceeding for dissolution or nullity of marriage or legal
separation of the parties in which a protective order as been granted
or is being sought pursuant to Section 6221, the court shall,
notwithstanding Section 68092 of the Government Code, appoint an
interpreter to interpret the proceedings at court expense, if both of
the following conditions are met:
(1) One or both of the parties is unable to participate fully in
the proceeding due to a lack of proficiency in the English language.
(2) The party who needs an interpreter appears in forma pauperis,
pursuant to Section 68511.3 of the Government Code, or the court
otherwise determines that the parties are financially unable to pay
the cost of an interpreter. In all other cases where an interpreter
is required pursuant to this section, interpreter fees shall be paid
as provided in Section 68092 of the Government Code.
(3) This section shall not prohibit the court doing any of the
following when an interpreter is not present:
(A) Issuing an order when the necessity for the order outweighs
the necessity for an interpreter.
(B) Extending the duration of a previously issued temporary order
if an interpreter is not readily available.
(C) Issuing a permanent order where a party who requires an
interpreter fails to make appropriate arrangements for an interpreter
after receiving proper notice of the hearing, including notice of
the requirement to have an interpreter present, along with
information about obtaining an interpreter.
(b) The Judicial Council shall submit its findings and
recommendations with respect to the pilot project to the Legislature
by January 31, 2001. Measurable objectives of the program may
include increased utilization of the court by parties not fluent in
English, increased efficiency in proceedings, increased compliance
with orders, enhanced coordination between courts and culturally
relevant services in the community, increased client satisfaction,
and increased public satisfaction.
SEC. 3. Funding for the implementation of this act shall be
pursuant to an appropriation of funds for these purposes in the
Budget Act of 1998.
SEC. 4. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.